Through Thin and Thick

Through Thin and Thick

Author: Ángel R. Oquendo

Publisher: Cambridge University Press

Published: 2022-06-30

Total Pages: 347

ISBN-13: 1108806953

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The book launches with examples, concrete cases, or political confrontations to explain how to conceive the safeguards at stake. It portrays these as embodying principles requiring particular actions and the implementation of policies. For instance, free speech demands permitting seemingly offensive expression plus promoting a diverse and open public debate. The work scrutinizes specific guaranties, such as those pertaining to asylum, citizenship, abortion, due process, self-determination, or the environment. It presents them as engendering problems peculiar to them. Next, the discussion dissects how precepts, like human rights and democracy, may contingently clash despite their overall commensurability. Finally, it underscores the interconnection of negative, substantive, and national entitlements with their positive, procedural, and international counterparts. Throughout, ruminations on the following questions unfold: How may courts and governments respectively contribute to actualizing the liberties at issue? How do these bear upon social justice? How may ideologically opposed states nonetheless collaborate on them?


Class Actions in Context

Class Actions in Context

Author: Deborah R. Hensler

Publisher: Edward Elgar Publishing

Published: 2016-05-27

Total Pages: 443

ISBN-13: 1783470445

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In recent years collective litigation procedures have spread across the globe, accompanied by hot controversy and normative debate. Yet virtually nothing is known about how these procedures operate in practice. Based on extensive documentary and interview research, this volume presents the results of the first comparative investigation of class actions and group litigation 'in action'. Produced by a multinational team of legal scholars, this book spans research from ten different countries in the Americas, Europe, Asia and the Middle East, including common law and civil law jurisdictions. The contributors conclude that to understand how class actions work in practice, one needs to know the cultural factors that shape claiming, the financial arrangements that enable or impede litigation, and how political actors react when mass claims erupt. Substantive law and procedural rules matter, but culture, economics and politics matter at least as much. This book will be of interest to students and scholars of law, business and politics. It will also be of use to public policy makers looking to respond to mass claims; financial analysts looking to understanding the potential impact of new legal instruments; and global lawyers who litigate transnationally. Contributors:A. Barroilhet, C. Cameron, N. Creutzfeldt, M.A. Gómez, A. Halfmeier, D.R. Hensler, C. Hodges, K.-C. Huang, J. Kalajdzic, A. Klement, B. Stier, E. Thornburg, I. Tzankova, S. Voet


Democracy 2.0

Democracy 2.0

Author: Paul R. Carr

Publisher: BRILL

Published: 2018-07-17

Total Pages: 249

ISBN-13: 9463512306

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In Democracy 2.0, we feature a series of evocative, international case studies that document the impact of alternative and community use of media, in general, and Web 2.0 in particular. The aim is to foster critical reflection on social realities, developing the context for coalition-building in support of social change and social justice.


El laberinto de la solidaridad

El laberinto de la solidaridad

Author:

Publisher: BRILL

Published: 2016-08-09

Total Pages: 188

ISBN-13: 9004334076

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Indice: Max PARRA: Villa y la subjetividad politica popular: un acercamiento subalternista a Los de abajo de Mariano Azuela . - Rosa GARCIA GUTIERREZ: Hubo una poesia de la Revolucion Mexicana?: el caso de Carlos Gutierrez Cruz. - Eugenia HOUVENAGHEL: Alfonso Reyes y la polemica nacionalista de 1932. - Lois PARKINSON ZAMORA: Misticismo mexicano y la obra magica de Remedios Varo."


Handbook on Legal Cultures

Handbook on Legal Cultures

Author: Sören Koch

Publisher: Springer Nature

Published: 2023-05-30

Total Pages: 1171

ISBN-13: 3031277457

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Cooperation across borders requires both knowledge of and understanding of different cultures. This is especially true when it comes to the law. This handbook is the first to comprehensively present selected legal cultures based on a very specific set of structural elements which can be found in all such cultures. Legal cultures are a product of and impacted by certain fundamental and commonly shared ideas on and expectations of the law. In all modern societies these ideas are to a certain degree institutionalized or at least embedded in institutionalized practices. These practices determine the way lawyers are educated and apply the law, how they engage with the ongoing internationalization of law and what kind of values they adhere to. Looking at these elements separately enables the reader to identify similarities and differences and to explain them contextually. Understanding these general features of legal cultures can help avoid misunderstandings or misinterpretations of foreign law and its application. Accordingly, this handbook is a necessary starting point for all kinds of legal comparative studies conducted by academics, students, judges and other legal practitioners.


Litigating Health Rights

Litigating Health Rights

Author: Alicia Ely Yamin

Publisher: Harvard University Press

Published: 2015-04-01

Total Pages: 446

ISBN-13: 0986106208

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The last fifteen years have seen a tremendous growth in the number of health rights cases focusing on issues such as access to health services and essential medications. This volume examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia, as well as chapters that address cross-cutting themes. The authors analyze what types of services and interventions have been the subject of successful litigation and what remedies have been ordered by courts. Different chapters address the systemic impact of health litigation efforts, taking into account who benefits both directly and indirectly—and what the overall impacts on health equity are.


Environmental Law in Developing Countries

Environmental Law in Developing Countries

Author: Nazrul Islam

Publisher: IUCN

Published: 2002

Total Pages: 160

ISBN-13: 9782831706252

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This publication contains four papers on different legal issues of interest to developing countries. The papers were researched and written by four Carl Duisberg Gesellscaft (CDG) Fellows who came to Germany from Bangladesh, Venezuela, Nigeria and China to study under the host leadership of the IUCN Environmental Law Centre. Subjects chosen by these Fellows vary widely, and cover ISO 14001, access to environmental justice in Latin America, patents and plant resources-related knowledge, and law and policy of the European Union on the reduction of greenhouse gas emissions and their significance to China.


The International Dimension of Human Rights

The International Dimension of Human Rights

Author: Claudia Martin

Publisher: Inter-American Development Bank

Published: 2001-01-01

Total Pages: 889

ISBN-13: 1931003149

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The International Dimension of Human Rights includes extracts of judgments, reports and opinions of international supervisory organs and domestic judicial tribunals, as well as the work of scholars in this subject. This casebook has been divided into seven chapters that deal with the following topics: basic notions of international law; the relationship between international law and domestic law; the right to an effective remedy; the right to liberty and security of persons and the right not to be tortured; the right to a fair trial; economic, social and cultural rights; and other aspects of international protection of human rights, such as the rights of women, the rights of indigenous peoples and environmental rights. The casebook also includes the most relevant international treaties on human rights adopted by the Inter-American, universal and European systems.